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HomeMy WebLinkAboutCupples & Sons Construction 2008-10-27CITY OF UKIAH Mendocino County, California AGREEMENT FOR GRACE HUDSON MUSEUM REPAIRS Specification No. 08-13 THIS AGREEMENT, made this 27 day of 20 by and between the City of Ukiah, Mendocino County, California, hereinafter called the City and Cupples & Sons Construction, Inc. hereinafter called the Contractor, WITNESSETH: WHEREAS, the City has caused to be prepared in accordance with law, specifications, drawings and other contract documents for the work herein described and shown and has approved and adopted these contract documents, specifications and drawings and has caused to be published in the manner and for the time required by law a notice to bidders inviting sealed proposals for doing the work in accordance with the terms of this contract and WHEREAS, the Contractor, in response to the notice to bidders, has submitted to the City a sealed proposal accompanied by a proposal guaranty in an amount of not less than 10 percent of the bid price for the construction of the proposed work in accordance with the terms of this contract and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the proposals submitted and as a result has determined and declared the Contractor to be the lowest and best regular responsible bidder for the work and for the sums named in the proposal, NOW, THEREFORE, THIS AGREEMENT WITNESSETH: Article 1. Work to be Done and Contract Davs Allowed. That the Contractor shall provide all necessary machinery, tools, apparatus and other means of construction; shall furnish all materials, superintendence, overhead, expenses, all labor and expenses of whatever nature necessary for completion of the work in conformity with the Special Provisions and other contract documents hereto attached and according to such instructions as may be given by the Engineer. The Contractor shall complete the work within ninety (90) calendar days. Contract days shall be counted starting with the 10th day following receipt of notice that the contract has been executed by the City. Contractor, at his or her option, may begin work prior to start of counting contract days, however, in no event shall the Contractor start work without giving notification to the Engineer at least 72 hours prior to the start of work, without obtaining an encroachment permit from the City, or without having submitted certificates of insurance that have been accepted and approved by the Engineer REPAIRS TO THE GRACE HUDSON MUSEUM 42 Spec. No. 08-13 Article II. Contract Prices. That the City shall pay the Contractor the prices stated in the proposal submitted by the Contractor, for complete performance of the contract by the Contractor. The Contractor hereby agrees to accept the prices as full compensation for all material and appliances necessary to the work, for all labor and use of tools and other implements necessary to execute the work contemplated in this contract; for all loss or damage arising out of the nature of the work or from the action of the elements, or from any unforeseen obstructions or difficulties which may be encountered in the prosecution of the work; for all risks of every description connected therewith; for all expenses of the work, as herein specified; for all liability and other insurance, for all overhead and other expenses incident to the work; all according to the Contract Drawings, the Special Provisions, the Details, the instructions and the requirements of the City. Article III. Labor Discrimination. Attention is directed to Section 1735 of the Labor Code, which reads as follows: "No discrimination shall be made in the employment of persons upon public works because of the race, color, national origin or ancestry, or religion of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter." In connection with the performance of work under this contract, the Contractor agrees as follows: (a) The Contractor will not willfully discriminate against any employee or an applicant for employment because of race, color, religion, ancestry, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, ancestry, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the awarding authority setting forth the provisions of this Fair Employment Practice section. (b) The Contractor will send to each labor union or representative of workers with which he or she has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the awarding authority, advising the said labor union or worker's representative of the Contractor's commitments under this section, to employees and applicants for employment. (c) The Contractor will permit access to his or her records of employment, employment advertisements, application forms and other pertinent data and records by the Fair Employment Practices Commission, City of Ukiah or any other appropriate agency of the State of California designated by the awarding authority, for the purposes of investigation to ascertain compliance with the Fair Employment Practices section of this contract. (d) A finding of willful violation of the Fair Employment Practices section of this Contract or of the Fair Employment Practices Act shall be regarded by the awarding authority as a basis for determining the Contractor to be not a "responsible bidder" as to future contracts for which such Contractor may submit bids, for revoking the Contractor's pre-qualification rating, if any and for refusing to establish, reestablish or renew a pre-qualification rating for the Contractor. The City of Ukiah shall deem a finding of willful receipt of written notice from the Fair Employment Practices Act to have occurred upon that it has investigated and determined that the Contractor has REPAIRS TO THE GRACE HUDSON MUSEUM 43 Spec. No. 08-13 violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429. Upon receipt of such written notice from the Fair Employment Practices Commission, the City shall notify the Contractor that unless he or she demonstrates to the satisfaction of the awarding authority within a stated period that the violation has been corrected, his or her pre-qualification rating will be revoked at the expiration of such period. (e) The Contractor agrees that should the City determine that the Contractor has not complied with the Fair Employment Practices section of this Contract, then pursuant to Labor Code Section 1735 and 1775 the Contractor shall, as a penalty to the City, forfeit for each calendar day or portion thereof, for each person who was denied employment as a result of such non-compliance, the penalties provided in the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the Contractor. The City may deduct any such damages from any monies due the Contractor. (f) Nothing contained in this Fair Employment Practices section shall be construed in any manner of fashion so as to prevent the City or the State of California from pursuing any other remedies that may be available at law. (g) Prior to awarding the Contract, the Contractor shall certify to the awarding authority that he or she has or will meet the following standards for affirmative compliance, which shall be evaluated in each case by the awarding authority: (1) The Contractor shall provide evidence, as required by the City that he or she has notified all supervisors, foremen and other personnel officers in writing of the content of the anti-discrimination clause and their responsibilities under it. (2) The Contractor shall provide evidence, as required by the City, that he or she has notified all sources of employees' referrals (including unions, employment agencies, advertisements, Department of Employment) of the content of the anti-discrimination clause. (3) The Contractor shall file a basic compliance report, as required by the City. Willfully false statements made in such reports shall be punishable as provided by law. The compliance report shall also spell out the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire. (4) Personally, or through his or her representatives, the Contractor shall, through negotiations with the unions with whom he or she has agreements, attempt to develop an agreement which will: a. Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training. b. Otherwise implement an affirmative anti-discrimination program in terms of the unions' specific areas of skill and geography to the end that qualified minority workers will be available and given and equal opportunity for employment. (5) The Contractor shall notify the City of opposition to the anti-discrimination clause by individuals, firms or organizations during the period of its pre-qualification. (h) The Contractor will include the provisions of the foregoing paragraphs 1 through 5 in every first tier subcontract so that such provisions will be binding upon each such subcontractor. (i) The "Fair Employment Practices Certification" must be completed and signed prior to the time of submitting the bid. REPAIRS TO THE GRACE HUDSON MUSEUM 44 Spec. No. 08-13 Article IV. Parts of the Contract. That the complete contract consists of the following documents, all of which shall be considered a part of this agreement. 1. Notice to Bidders 2. Wage Rates 3. General Conditions 4. Technical Specifications 5. Proposal 6. Fair Employment Practices Certification 7. Agreement 8. Contract Bonds 9. Contract Drawings and Construction Details 10. Standard Drawings 11. Indemnification Agreement IN WITNESS WHEREOF, this contract being executed in duplicate and the parties having caused their names to be signed by authority of their duly authorized office this 2-7 day of , 20 Q9. CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA By: Attest: CITY OF UKIAH CITY CLERK:-CITY OF UKIAH By: 4 F4ACTORr-,,, Attest: - Title: REPAIRS TO THE GRACE HUDSON MUSEUM 45 Spec. No. 08-13 INDEMNIFICATION AGREEMENT This Indemnification Agreement is made and entered in Ukiah, California, on 20,06, by and between the City of Ukiah (Ukiah) and Cupples & Sons Construction, Inc. (Contractor). Contractor is performing Repairs to Grace Hudson Museum, Specification No. 08-13 for Ukiah. As a condition of issuing the work order, attached hereto, Ukiah requires assurance that Contractor will protect Ukiah from damage or damage claims which arise from its performance of the work. Accordingly, Contractor agrees as follows: 1. Indemnification. Contractor shall indemnify and hold harmless Ukiah and its officers, agents, and employees from and against any claim, loss, or damage, including the legal and other costs of defending against any claim of damage or loss which arises out of the Contractor's negligent or wrongful performance under the work order attached hereto, except for claims, losses, or damages resulting from the sole and exclusive negligence or other wrongful conduct of Ukiah or its officers, agents and employees. CONTRACTOR BY: ~a n TITLE: ~-Q<SL REPAIRS TO THE GRACE HUDSON MUSEUM 46 Spec. No. 08-13 CITY OF UKIAH Bond Number: 2068657 Mendocino County, California Premium: $1,625.00 FAITHFUL PERFORMANCE BOND KNOW ALL MEN 5Y THESE PRESENTS, That we the undersigned, Cuppl es & Sons Construction, Inc. AS PRINCIPAL, and North American Specialty Insurance Company AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the "City", in 9r, lpenai sum of *Sixty-Five Thousand, Six Dollars & 29/100******* dollars (s 65 006.29 for the payment of which sum we bind ourselves, our heirs, executors, administratoF ; rid successors, jointly and severally. 20 WHEREAS, the Principal has entered Into a certain Contract with the City, dated a copy of which is hereto attached and made a part hereof, NOW, THEREFORE, the condition of this obligation Is such that if the Principal sh: 111 tali respects fully perform the Contract and all duly authorized modifications thereof, during Its original term 9 y extensions thereof that may be granted and during any guaranty period for which the Contract provides,; n if the Principal shall fully satisfy all claims, arlsing out of the prosecution of the work under the Contract and ; II fully indemnify the City the all expenses which it may incur by reason of such claims, including services, m' Ials, court costs, and i the Principal shall make full payment to all persons supplying abor, prosecution of the work under the Contract, In default of which such persons she eve a direct right of action hereupon; and if the Principal shall pay or cause to be paid all sales and use tax! ayable as a result of the performance of the Contract as well as payment of gasoline and special motor fue I es in the lion with the the Contract and all motor vehicle fees required for commercial motor vehicles ~ In c performance of the Contract, then this obligation shall be void; otherwise, it shall; coin in full force and effect. No modification of the Contract or extension of the term thereof, nor any forbearall tha the Supart of rety tofe any such In any way release the Principal or the Surety from liability hereunder. Notia , modification, extension, or forbearance is hereby waived. IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this in4}.0rtent and affixed their seals hereto, this 8th day of October ,20 08 In the presence of: WITNESS: (SEAL) (Individual Principal) (Business Address) (City/State/Zip Code 47 Spec. No. 0813 REPAIRS TO THE GRACE HUDSON MUSEUM nWITNES-8: CXX Cupples & So (Corporate Prince (Business Addre p if thousand. j (City/State Zip CI ATTEST: ATTEST: (Corporate Print I) Affix j Corporate Seal (Business Addre (City/State/Zip C d urance 6Om an p y No l; Ameri c in Sq,ii ~ ~1~- T Sandra R. $l a ~So at Surer , attorney-Corporate ji 'tn-Fact Seal 70 S. rker St.: x!00 (Business Addr' s) j orange, CA 92868 (City/Stake/Zip) The rate of premium on this bond is $ 25.00 The total amount of premium charges is $ 1, 6,25.00 i ~i certify that I am the; j Secretary of the corporation named as Principal Ind j t who signed the said bd of said corporatio k i r signing for Surety Company must above is to be filled in by Surety Company), (Power of Attorney of pe be attached). (The (CERTIFICATE AS TO CORPORATE PRIt~3I ~I signature thereto is genuine: and that said bond was duly signed, sealed, corporation by authority of its governing body. REPAIRS TO THE GRACE HUDSON MUSEUM 48 i i construction, Inc. (SEAL) 3 foregoing bond; that behalf of the Principal, was then I know his signature, and that his ested to for and In behalf of said Affix Corporate Seal I Spec. No, 08-13 i V l is ' CITY OF UKIAH Mendocino County, California MATERIAL AND LABOR BOND KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, Cu les & Sons Construction Inc. 'Bond Number: 2068657 lPremium: Included AS PRINCIPAL, and North American Specialty Insurance G I I pany I i AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the "City" in III P i ,I penal sum of I Sixty-Five Thousand, Six Hundred & 29/106iiars ($65, 006. 29 executors, administra our heirs d ourselves bi 1! rp I } and successors, jointly and , , n for the payment of which sum we , severally. WHEREAS, the Principal has entered Into a certain Contract with the City, dated I 20 a copy of which is hereto attached and made a part hereof, I NOW, THEREFORE, the condition of this obligation is such that if the Principal s l t ~.1 : ti in all respects fully perform extensions thereof that !an erm the Contract and all duly authorized modifications thereof, during Its origina may be granted and during any guaranty period for which the Contract provlde $ d y nd if the Principal shall fully indemnify the Cityfor II full satisfy all claims arising out of the prosecution of the work under the Contract an including Its attorney's n of such claims s ; y I the and If and nd ou costs, , ail expenses which it may incur by reaso Principal shall make full payment to all persons supplying labor, services, hich such persons s f :111 ~ the uipment e direct ight of action w prosecution of the work under the Contract, in default o or cause to be paid all sales and use t a ll h l h Payable a result 0- , f the y p a s hereupon; and if the Principa performance of the Contract as well as payment of gasoline and special motor fu hicle fees required for commercial motor vehicl li I faxes in the performance of sed In connection with the the Contract and all motor ve performance of the Contract, then this obligation shall be void; otherwise, it sha r , rain In full force and effect. artof the City shall on the No modification of the Contract or extension of the term thereof, nor any forbea al or the Surety from liability hereunder. Not P i ci h i p e ~o the Surety of any such r p n e in any way release t modification, extension, or forbearance is hereby waived. IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this 1 t ment and affixed their seals hereto, this 8th day of October 20 08 is In the presence of: I: WITNESS: (Individual Pri (Business Address) r REPAIRS TO THc GRACE HUDSON MUSEUM 4`- 9 SEAL) WITNESS: ATTEST: I ~I it i (CltylState/Zlp Code) -i Cupples & Sons Construction, Inc. 'IF (SEAL) (Corporate Principal) 'I I Q j (Business Address) Ili II (City/State! ip Code) I I~ I I ,I i li i) ATTEST: The rate of premium on this bond s I The total amount of premium char. i (The above Is to be filled In by Su~ be attached), j (C I, Secretary of the corpor signature thereto Is genuine; and corporation by authority of Its go REPAIRS TO THE GRACE HUDSON is $ included ompany). (Power of Attorney of person signing for Surety Company must ]GATE. AS TO CORPORATE PRINCIPAL) , certify that I am the named as Principal In the. foregoing bond; that who signed the said bond on behalf of the Principal, was then of said corporation; that I know his signature, and that his >ald bond,was duly signed, sealed, and attested to for and in behalf of said Ig body, so Affix Corporate Seal Spec, Nc. 08-13 I I i I . 2. 3. 4. 5 6 r 8 9 10 11 12 DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL I D LABOR BOND Individual sureties, partnerships, or corporations not in the surety business; I ~ot be acceptable. The name of the Principal shall be shown exactly as it appears in the Contf I The penal sum shall not be less than required by the Specifications. If the principals are partners or joint venturers, each member shall execute # state his place of residence. If the Principal is a corporation, the bond shall be executed under its corp4 If the corporation has no corporate seal, it shall so state and affix a scroll of corporate name. ~I The official character and authority of the person(s) executing the bond fort shall be certified by the Secretary or Assistant Secretary thereof under th attached to such records of the corporation as will evidence the official c: officer signing, duly certified by the Secretary or Assistant Secretary, under; iE copies. I; The current power-of-attorney of the person signing for the surety comp bond. The date of the bond must not be prior to the date of the Contract. II The following informatlon must be placed on the bond by the surety comp n a. The rate of premium In dollars per thousand; and j b. The total dollar amount of premium charged. The signature of a witness shall appear in the appropriate place attending] of the bond. Type or print the name underneath each signature appearing on the bon; , An executed copy of the bond must be attached to each copy of the C r intended for signing. i! REPAIRS TO THE GRACE HUDSON MUSEUM 51 d as an individual and seal. esive seal following the rincipal, if a corporation, rporate seal, or copies ;ter and authority of the oroorate seal, to be true must be attached to the I I I signature of each party pct (original counterpart) I I I I spec. No. 08-13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Sacramento On Ib 13 0 3 before me, Sokha Khon. Notary Public , Date Here Insert Name and Title of the Officer personally appeared Sharon J. Rusconi Name(s) of Signer(s) SOMA KHON COMM. # 1742622 f Esc n NOTARY PUBLIC - CALIFORNIA SACRAMENTO COUNTY 4 w COMM. EXPIRES APRIL 29, 2011 I who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer-Title(s): ❑ Partner - ❑ Limited ❑ General C Attorney in Fact n~ nJi~(Lii - ~11s+l F, ❑ Trustee ❑ Guardian or Conservator Top of thumb here ❑ Other: Signer Is Representing: NORTH AMERICAN SPECIALTY INSURANCE COMPANY Signer's Name: ❑ Individual ❑ Corporate Officer-Title(s): ❑ Partner Limited ❑ General ❑ Attorney in Fact i nn_TT CFA ~7iI F51 ' ❑ Trustee ° r t ❑ Guardian or Conservator Top of thumb here ❑ Other: Signer Is Representing: @2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotary.org Item ;#5907 Reorder: Call Toll-Free 1-800-876-6627 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL, POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company. a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: SHARON J. RUSCONI and SANDRA R. BLACK JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TWENTY-FIVE MILLION ($25,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24d' of March, 2000: "RESOLVED. that any two of the President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." spnenrerrrr, ~~}t= _ ~F.. a2rV ~.Yr By SEAL : o ` Steven P. Anderson, President & Chief Executive Officer of Washington International Insurance Company & = 41pI1~ ' m.' c W z 1973 1 Q ^ Vice President of North American Specialty Insurance Company ^ y t t71~ + o y t}s Q.A'OS r5 s, "Rom A. ,y....;A...... aap'~ . st David M. Layman, Vice President of Washington International Insurance Company & Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed" and these presents to be signed by their authorized officers this 12th day of June , 2008 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page SS: On this 12th day of June , 20 08 , before me, a Notary Public personally appeared Steven P. Anderson President and CEO of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and David M. Layman , Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. °OFFfCI AL SEAL" DONNA D. SKLENS Notary Public, Stateof Minois My Commission Expires 10/06MIl J, Donna D. Sklens, Notary Public I, James A. Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington Llternational Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this~8 day of t r 20 bC'. ham. A. Carpenter. Vice President & Assistant Secretary or Washington International Insurance Company & North American Specialty Insurance Company Please return to: CITY OF UKIAH 300 Seminary Avenue Ukiah, California 95482-5400 (707) 463-6200 NOTICE IS HEREBY GIVEN: 2009-03918 Recorded at the request of: CITY OF UKIAH 03/23/2009 12:57 PM Fee: $0 P9s: 1 of 1 OFFICIAL RECORDS Susan M. Ranochak - Clerk-Recorder Mendocino County, CA 1111 II I RiftifitRwilthd NOTICE OF COMPLETION 1. That the real property described is owned by the following whose address is: City of Ukiah, 300 Seminary Avenue, Ukiah, California 95482-5400 2. That the nature of the title to the Repairs to the Grace Hudson Museum, Specification No. 08-13 of all said owners is that of fee simple. 3. That on the 23rd day of January 2009, the Contract work for this project was actually completed. 4. That the name and address of the Contractor is Cupples & Sons Construction, 221 Olive Lane, Suite G, Ukiah, California 95482. 5. That the real property herein referred to is situated in the County of Mendocino, State of California, and is described as follows: City-owned property identified as the Grace Hudson Museum, located at 431 South / Main Street Ukiah California. City Council Approval CITY OF UKIAH, a°MLinic I C o t~ March 18th 2009 By: Date Lin a. r wn, Fk, Date State of California County of Mendocino On °3'` r 0/ - 0 I before me, ~ c5 Date Name and Title of Officer (e.g. "Jane Doe, Notary Public") personally appeared rdd4i Y-\- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personk<whose naghlqthseir are subscribed to the within instrument, and acknodged to me that heothey executed the same in his authorized capacity(jes), and that by hi /h /their signature- on the instrument the personjs , or the entity upon behalf of which the person(s~'acted, executed this instrument. ~e tlf~[yrider Penalty of Perjury under the laws of the State of California that the foregoing paragraph is true and .~cQ~_Z , c n and belief. COMM. #1830916 n WITNESS my hand and official seal. U C h= NOTARY PUBLIC -CALIFORNIA f MENDOCINO COUNTY ' MY Comm. Expires Jan. 13, 2013 j Place Notary Seal Above Josie Castanon B f November 3rd, 2008 Mr. Rick Cupples Cupples & Sons Construction, Inc. 221 Olive Lane Ukiah, California 95482 RE: Notice to Proceed Specification No. 08-13, Repairs to Grace Hudson Museum Dear Mr. Cupples: Enclosed please find a fully executed agreement for your files. I have also enclosed copies of the Faithful Performance Bond, and the Material and Labor Bond. By this letter you are authorized to proceed with the project. The work under this project shall be completed within the time allotment identified in Article 1 of the Agreement. As such, all work shall be completed no later than February 1, 2009. We look forward to working with you on this project. Please do not hesitate to contact me at (707) 463-6233 if you have any questions. Sincerely, enc. cc: Linda Brown, City Clerk Sherrie Smith-Ferri, Museum Director John Moon file 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Phone# 707/463-6200 Fax# 707/463-6204 Web Address: www.cityofukiah.com